It would have restrospective wffect and would be applicable to pending cases too
2) your lawyer can make application to direct accused to make 20 per cent of cheque amount
3) you can file separate case of cheating against accused
New law of cheque bounce is it applicable for old cases
Dear Madam / Sir , we have few cheque bounce cases running in district court since 2016 , 2017 & Feb 2018 . The new law passed by parliament in 2018 , is it applicable on old cases too ? can our lawyer request judge to pass an order of immediately making 20% payment of cheque amount ? Also can an FIR be lodged too ? what sections , besides 420 ofcourse can be added ?
Asked 5 years ago in Criminal Law
Religion: Hindu
8 Answers
Hello,
Yes an application for interim release of the amount during the pendency of the case can be made as per the amendment.
Also if you go ahead and file FIR the same will be closed on the ground that the case is pending.
Regards
The amendment made in any law is prospective in nature unless the statute makes it specifically to be effective retrospectively.
The drawee can initiate a fresh proceeding under section 420 IPC but can not add this new section anymore in the pending proceeding filed under section 138 NI Act.
No it is not applicable retrospectively..
The lawyer cannot file 143A application for interim compensation.
Yes for cheating and breach of trust 406 ipc and 420 ipc FIR can be loved.
Firslty, as per theninformation mentioned in the present query, makes it clear that you want to know the retrospective effect of the new amendment by the parliament.
Secondly, answer is yes, you may request before the court to take up ththe provision as it has now been applicable.
As civil law applies retrospectively unlike criminal law.
Thirdly, let me tell you that section 420 now is not attracted after the recent Supreme Court judgment, so there the other party may also take advantage of that to get the rid of this section.
Dear.Sir, the new.amendment in negotiable instruments act is not retrospective in nature. Hence, cases prior to coming of this amendment will not bear the fruit of it.
However, you can still demand the compliance of new law by arguing that the intent of the amendment is to dispose of cases quickly since only money issue is involved thereby reducing the pendency.
On the point of filing an FIR, circumstances of the case need to be looked into before advising on this issue
Dear client,
It is clear that clear that you want to know the retrospective effect of the new amendment by the parliament. I would suggest you to make an attempt before the court by recent amendments try out to file an application and it’s upon the court to take it or not.
1. Consult your advocate and tell him that as per the recent amendment of 2018 of section 143A can make application to the court to direct the accused to make 20 per cent of interim compensation of cheque amount.
2. See you have can file separate case of cheating case as
Per section 420 of ipc against accused person.
The new law is not having retrospective effect.
Since ther is no retrospective effect on the new law, you canot approach court for this concession for your existing case.
If you have already approached court with cheque bounce cae, the police may not entertain any complaint on the same matter, even if the police registers FIR, this can be treated as double jeopardy and the accused may approach high court for quash.
